df1day UE Diary

[df1day]

Re: df1day UE Diary

Thanks for your support, Billy

[billypre]

Re: df1day UE Diary

Best of luck df1, hope it goes well and i have every cnfidence after reading this thread that it will !!

[Never-In-Doubt]

Re: df1day UE Diary

Best of luck - glad the court were half accommodating!

Please keep us posted

[df1day]

Re: df1day UE Diary

Quick update re court appearance.
Case was granted an extension until 6 January. I actually didn't get a chance to oppose the extension as I was snowed in and couldn't get to court that day. It woud have been impossible for me to get there other than walking 20 miles through a blizzard. Fortunately the clerk had intimated earlier that my non appearance would be treated sympathetically given the weather situation.
Anyway, I doubt the sheriff would have listened to my pleadings and fully expected the exrension to be allowed (wonder if he would have been so accommodating to me, though)
So, roll on January 6th.

[Never-In-Doubt]

Re: df1day UE Diary

Ahh sorry I remember now. SFU is good on CAG - be careful though, they sometimes tell you to go in all guns blazing - do not do this! Treat both the sheriff and the claimants solicitor with respect and do not interrupt them, listen and then argue after their point has been made - take a pen/paper to remember what they said that you need to argue against....

Respect and calmness wins in these situations. Oh, as for the claimant requesting 28 days - thats funny, you should add this to your defence that they were too keen to issue proceedings without checking their own ship was in order, ergo you defend and NOW they want more time? Its a joke......

Basically no default notice or termination notice means no decree for you

[df1day]

Re: df1day UE Diary

Hi, Niddy.

You have actually given me advice on this (also Seriously Fed Up on CAG helping). It is for a GM card/HFC which you reckon is unenforcable. I've also thrown in no DN received, and they have no copy nor computer record of it as I sent a SAR which showed nothing.
I think HFC are getting all excited about a case they won in Dunfermline (Napier v HFC) which has no bearing on mine. I think they are using it as a threat to bully people. I don't think they expect people to fight them.

Anyway, case being heard at Airdrie next week, although I've just received a letter from their solicitor saying that they will be applying for a 28 day extenson to "consult their client" . Presumably this is to "find" a DN. But I'll be opposing the motion, although fully expect the sheriff to go along with them.

[Never-In-Doubt]

Re: df1day UE Diary

Got the more pressing issue of a coming court appearance

Did I miss this? I have not read back through your diary as I am pressed for time - but what court? When? For what? :confusing

[Never-In-Doubt]

Re: df1day UE Diary

Update at 24 Nov
Barclaycard Loan (£3000 outstanding)
Confirmed as enforceable by Niddy, but was expected, as I had a copy of the original loan agreement which looked to contain the prescribed terms.

Wrote back saying, on reflection, I couldn't afford £3pw and suggested £1 pm. They accepted! So have no real option but to pay them. Presumably they'll be back sometime but I'll deal with it when they do. Got the more pressing issue of a coming court appearance

Can you not make these guys a F&F offer of £750 to clear/close the account? If not just pay the £1 per week ;;L

[Never-In-Doubt]

Re: df1day UE Diary

Update at 24 Nov
Barclaycard 1 (£6600)
20 Nov Moorcroft - Old T&C letter from BC enclosed.....14 days to pay...further action....

What should I send? Account sold template?

Send this to Moorcroft: ---> viewtopic.php?p=20203#p20203

[Never-In-Doubt]

Re: df1day UE Diary

Update at 24 November
Hbos £4700
Status – enforceable
Eventually received a reply from Robinson Way following phonecalls and standard letter/threats. They have been advised by their client that my offer of F&F £1200 is not acceptable.
I have already explained this is all I can afford, enclosed copy pay slips proving this, and that they may have to accept £1 a month for eternity.
What next?

I'd ignore them for the moment - you have made a very good offer and for them to refuse shows their ignorance.

Just sit tight for the moment. Don't respond. gh

[df1day]

Re: df1day UE Diary

Update at 24 Nov
Barclaycard Loan (£3000 outstanding)
Confirmed as enforceable by Niddy, but was expected, as I had a copy of the original loan agreement which looked to contain the prescribed terms.

Passed to CDCS by Barclaycard.

30 June Offer F&F of 10% made. Not accepted.
15 August. Offer increased (13%). No response.
10 Sep “Notice of Legal Action” from Debt Managers (may word used a lot!)
21 Sep Further Letter from Debt Managers “Settlement Opportunity”

30 Sep I sent Debt Managers a letter pointing out my circumstances and stating that they had refused my last offer and could only afford £3 pw which would take 20 years to repay.

4 Oct Received a letter from Russel & Aitken solicitors threatening Court Action.

11 Oct Debt Managers replied. They have accepted my offer to repay at £3 pw and sent me giro slips to complete. Not what I wanted but how do I play this?

Wrote back saying, on reflection, I couldn't afford £3pw and suggested £1 pm. They accepted! So have no real option but to pay them. Presumably they'll be back sometime but I'll deal with it when they do. Got the more pressing issue of a coming court appearance

[df1day]

Re: df1day UE Diary

Update at 24 Nov
Barclaycard 1 (£6600)
21 April CCA requested
23 April Terms and Conditions received
11 May CCA reminder sent
2 June Debtors final response sent to Barclaycard
Passed to Credit Solutions
11 June Formal Demand for payment from Credit Solutions
Power2 Collect also become involved
27 June Refusal to accept unenforcability sent to Credit Solutions

2 July Nonsense letter, spouting ill-informed rubbish, from Credit Solutions
13 July Generous offer” letter from Credit Solutions. “Contact Deal Maker”
This followed a series of nonsense letters from both Credit Solutions and Power2Contact. Sent Account sold template
7 Sep Letter from Credit Solutions. Referred back to Barclaycard
28 Sep Moorcroft now involved. Formal demand etc
20 Nov Moorcroft - Old T&C letter from BC enclosed.....14 days to pay...further action....

What should I send? Account sold template?

[df1day]

Re: df1day UE Diary

Update at 24 November
Hbos £4700)
Status – enforceable

28 October Reply from Robinson way asking me for salary details, other debts, where is the F&F money coming from etc. All information already advised in my letter to them.
Response, Niddy?[/color]
Just send a copy of the last letter again, with a copy of their letter to you and add a cover letter saying read the attached!
Eventually received a reply from Robinson Way following phonecalls and standard letter/threats. They have been advised by their client that my offer of F&F £1200 is not acceptable.
I have already explained this is all I can afford, enclosed copy pay slips proving this, and that they may have to accept £1 a month for eternity.
What next?

[Never-In-Doubt]

Re: df1day UE Diary

Update at 28 October
Hbos £4700)
Status – enforceable

28 October Reply from Robinson way asking me for salary details, other debts, where is the F&F money coming from etc. All information already advised in my letter to them.
Response, Niddy?[/color]

Just send a copy of the last letter again, with a copy of their letter to you and add a cover letter saying read the attached! 1 1

[df1day]

Re: df1day UE Diary

Update at 28 October
Hbos £4700)
Status – enforceable

21 April CCA request
29 April CCA received – deemed enforceable as taken out after 2007
10 May Letter from Blair Oliver Scott.- Notice of Intended Court Action
1 June Letter from Wescot – contact us
7 June F&F offer (£1000) made to Wescot
18 June Wescot decline offer – minimum required £3500 in partial settlement
30 June Final offer from me - £1100. All I can afford! (Niddy said I went in too high initially!
5 July Wescot again. Phone us to discuss payment arrangement
9 July Replied to Wescot. Sorry, don’t discuss financial arrangements on phone and £1100 was really my final offer.
9 August Letter from Nelson Scott Solicitors. Pay in 10 days or else. Told them Wescot had received an improved offer.
23 August Income and Expenditure form from Wescot

30 Sep At your suggestion, wrote to Wescot pointing out that it would take 30 years to repay at the amount I could afford and they should reconsider my F&F offer
7 Oct Formal Demand For Payment from Robinson Way

11 Oct Letter from Wescot saying they had passed correspondence back to their client. No reference to my last letter

15 October Sent letter to Robinson Way with F&F £1200, or I could pay £3 pw for next 30 years

28 October Reply from Robinson way asking me for salary details, other debts, where is the F&F money coming from etc. All information already advised in my letter to them.
Response, Niddy?